Legal Question in Family Law in Maryland

I was wondering if my parents could kick out my oldest half-brother [29,we share the same father] from my parent's house. He moved in with my older sister about two years ago after his mother died and caused nothing but trouble. He is incredibly argumentative and confrontational and has physically abused my younger brother on several occasions. In addition, he has been verbally abusive to everyone in our house in at least twice. Due to his horrid personality, he just denies everything that has happened. He doesn't pay rent but, he has a full time job and pays for his own food and clothes. I know [and my parents would know too] he won't move out even if both of my parents asked him so is there any way legally to kick him out? [I live in MD]


Asked on 1/22/12, 1:16 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Yes--he has no legal right to live there if the owners of the property want him out. If necessary, they can go to court to have him and file a domestic violence petition based upon his abusive behavior toward your younger brother or anyone else on the premises. They can go to the District Court of MD in your county and find the clerk who handles domestic violence and fill out the papers. Once signed off by a judge, the sheriff or police will immediately remove him subject to a court hearing about a week later, where your family will have to present evidence which could result in him being ordered to stay away from the home and anywhere else where a potential victim might be exposed (work, school) for up to a year.

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Answered on 1/23/12, 7:39 am


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